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Articles 91 - 120 of 131
Full-Text Articles in Law
The Dormant Commerce Clause And State Regulation Of The Internet: Are Laws Protecting Minors From Sexual Predators Constitutionally Different Than Those Protecting Minors From Sexually Explicit Materials?, Chin Pann
Duke Law & Technology Review
Several states have enacted statutes to protect minors from harmful or obscene materials disseminated over the Internet, as well as from pedophiles seeking to use the Internet to lure them into sexual conduct. State and federal courts have diverged in their analysis of the Dormant Commerce Clause's impact on state regulation in these areas. While state courts have held that the Dormant Commerce Clause does not invalidate state luring statutes, federal courts have been consistent in finding state dissemination statutes unconstitutional. This iBrief summarizes recent state and federal jurisprudence in this area and concludes that state courts have not been …
Plugging The “Phishing” Hole: Legislation Versus Technology, Robert Louis B. Stevenson
Plugging The “Phishing” Hole: Legislation Versus Technology, Robert Louis B. Stevenson
Duke Law & Technology Review
This iBrief analyzes the Anti-Phishing Act of 2005, legislation aimed at curbing the problem of "phishing." Phishing is the sending of fraudulent emails which appear to be from legitimate businesses and thereby fooling the recipients into divulging personal information such as credit card numbers. While this legislation may provide some assistance in the fight against phishing, it is limited by the global nature of the Internet and the ease with which phishers can hide and avoid judgments. This iBrief therefore concludes that although the Anti-Phishing Act can play a supporting role in the battle, technological solutions are the most effective …
Terrorism: The Politics Of Prosecution, Madeline Morris
Terrorism: The Politics Of Prosecution, Madeline Morris
Faculty Scholarship
No abstract provided.
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Faculty Scholarship
No abstract provided.
Is I-Voting I-Llegal?, Brett Stohs
Is I-Voting I-Llegal?, Brett Stohs
Duke Law & Technology Review
The Voting Rights Act was passed to prevent racial discrimination in all voting booths. Does the existence of a racial digital divide make Internet elections for public office merely a computer geek's pipe dream? Or can i-voting withstand scrutiny under the current state of the law? This i-Brief will consider the current state of the law, and whether disproportionate benefits will be enough to stop this extension of technology dead in its tracks.
Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky
Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Faculty Scholarship
No abstract provided.
Vigilantes V. Pirates: The Rumble Over Peer-To-Peer Technology Hits The House Floor, Christopher Fazekas
Vigilantes V. Pirates: The Rumble Over Peer-To-Peer Technology Hits The House Floor, Christopher Fazekas
Duke Law & Technology Review
Content providers are using the digital rights management technology contained in this product to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated... if you elect to download a license from the Internet which enables your use of Secure Content, Microsoft may, in conjunction with such license, also download onto your computer such security updates that a secure content owner has requested that Microsoft distribute.
Protecting The Homeland By Exemption: Why The Critical Infrastructure Information Act Of 2002 Will Degrade The Freedom Of Information Act, Brett Stohs
Duke Law & Technology Review
To protect against "cyberterror," the House version of the Homeland Security Act exempts information related to the nation's critical infrastructure from the Freedom of Information Act disclosure requirements. The proposed exemption unnecessarily threatens public access to vital information about health and safety information; information the Freedom of Information Act was designed to guarantee.
Closed Circuit Television For Inside Your Head: Blanket Traffic Data Retention And The Emergency Anti-Terrorism Legislation, Caspar Bowden
Closed Circuit Television For Inside Your Head: Blanket Traffic Data Retention And The Emergency Anti-Terrorism Legislation, Caspar Bowden
Duke Law & Technology Review
Caspar Bowden, Director of the Foundation for Information Policy Research (FIPR), explains the technical and legal context of unprecedented new surveillance capabilities, with particular reference to the UK's Regulation of Investigatory Powers (RIP) Act 2000. He discusses why these powers are unlikely to be effective in detecting or disrupting the communications of terrorist cells or organized crime, but present significant new threats to the security, privacy, and freedom of expression of the law-abiding.
Cracking The Code To Privacy: How Far Can The Fbi Go?, Angela Murphy
Cracking The Code To Privacy: How Far Can The Fbi Go?, Angela Murphy
Duke Law & Technology Review
As the Nation continues to deal with the fallout of the events of September 11th, it must continue to decide what limits on privacy will be sacrificed in order to allow the government to tighten its security efforts. Who would have guessed that in this crazy post-September 11th world, the latest champion of Constitutional freedoms would be a reputed mobster?
Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet
Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet
Duke Law & Technology Review
In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry.
Liberty For Security, Morgan Streetman
Liberty For Security, Morgan Streetman
Duke Law & Technology Review
On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions …
Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet
Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet
Duke Law & Technology Review
Perhaps you have written an e-mail that looks something like this:
Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin
Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin
Duke Law & Technology Review
With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer.
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Duke Law & Technology Review
The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Duke Law & Technology Review
Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
Faculty Scholarship
This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any …
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Faculty Scholarship
No abstract provided.
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Faculty Scholarship
No abstract provided.
Defending, Michael E. Tigar
Criminal Abortion Revisited, Samuel W. Buell
Criminal Abortion Revisited, Samuel W. Buell
Faculty Scholarship
This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar
It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Scholarship
This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.